The short answer
- Live, human cold calls are legal. The TCPA's consent requirements target artificial/prerecorded voices (including AI voices) and true autodialers, not a person dialing by hand.
- The rules that do apply: the National Do Not Call Registry, your internal do-not-call list, calling hours, caller identification and valid caller ID, plus state telemarketing laws.
- AI-voice cold calls are a different story. They need prior express written consent. See Is AI cold calling legal?
Consumer (B2C) cold calls
- Scrub against the Do Not Call RegistryNo telephone solicitations to registered numbers, unless you have an established business relationship (purchase within 18 months, inquiry within 3 months) or written permission. Use a registry copy no more than 31 days old to keep the safe harbor.
- Keep an internal do-not-call listWritten policy, trained staff, honor requests within 10 business days and keep them 5 years.
- Call 8am–9pm local timeStricter in several states. See calling hours by state.
- Identify yourselfGive your name, the company and a phone number or address, and transmit caller ID that accepts do-not-call requests.
- Check state lawsRegistration or bonds in many states, Connecticut's written-consent rule for sales calls, and 3-calls-per-day limits in Florida, Oklahoma and Maryland.
B2B cold calls
- The FCC's Do Not Call rules protect "residential subscribers," and the FTC's Telemarketing Sales Rule exempts most business-to-business calls. So calls to true business lines face fewer federal rules.
- But courts generally treat a personally used cell phone as residential, and many small-business owners use their mobile as the business line. When in doubt, scrub.
- B2B exemptions don't cover AI or prerecorded voices or autodialed calls to cell phones. Those still need consent.
Dialers, local presence and number rotation
- Dialers: after Facebook v. Duguid, list-based power and predictive dialers generally aren't federal autodialers, but Maryland and Oklahoma reach systems that automate selection or dialing, and Florida reaches systems that automate both.
- Local presence: no federal rule bans it, provided the numbers are yours, ring back to you and aren't misleading. Spoofing with intent to defraud or cause harm is illegal under the Truth in Caller ID Act.
- Number rotation: the FCC proposed rules on "number cycling" in March 2026. Nothing is final, but it's an area to watch.
FAQ
Is cold calling illegal in the US?
No. Live cold calling is legal if you follow Do Not Call rules, calling hours, identification requirements and state laws. AI-voice or prerecorded cold calls to cell phones and homes are effectively prohibited without written consent.
Is B2B cold calling legal?
Yes, and calls to true business lines are mostly exempt from federal Do Not Call rules. Personal cell phones used for business can still be protected, and AI-voice calls to any cell phone need consent.
Can I cold call cell phones?
A live person dialing by hand can, subject to Do Not Call rules and calling hours. Autodialed or AI-voice calls to cell phones need consent.
Is local presence dialing legal?
Generally yes, if the numbers are valid numbers you're entitled to use, they ring back to your business, and the display isn't misleading or used with intent to defraud.
Sources
- 47 CFR 64.1200 (DNC, EBR, calling hours, internal DNC)
- 16 CFR 310.6 (TSR B2B exemption) · 47 CFR 64.1604 (caller ID)
- FCC 2026 numbering NPRM (Mintz)
General information, not legal advice. Check a call with the TCPA call checker.
Human-dialed, hours-checked, DNC-aware.